KHRC Alleges Depletion of Medina Spirit Urine by Lab

Attorneys for the Kentucky Horse Racing Commission filed a motion in a lawsuit in Franklin (Ky.) Circuit Court July 19, claiming a laboratory conducting testing of Medina Spirit's primary urine sample had depleted it, leaving the KHRC with unfairly limited resources. The motion in the ongoing litigation further alleges a "lack of candor and contemptuous conduct" by the New York Equine Drug Testing and Research Laboratory and representatives from plaintiffs Zedan Racing Stables, owner of Medina Spirit; and the colt's trainer, Bob Baffert. Attorneys for Zedan Racing Stables and Baffert began the suit with the KHRC in June, seeking additional testing of the post-race sample collected from Medina Spirit after he finished first in the Kentucky Derby Presented by Woodford Reserve (G1). An initial and split-sample blood test result indicated the prohibited presence of betamethasone. The betamethasone finding puts Baffert at risk of a fine and/or suspension from the KHRC and could lead to the Derby disqualification of Medina Spirit. Juddmonte's Mandaloun, the runner-up, would move up to first upon a disqualification. Counsel for the connections of Medina Spirit sought additional testing of the collected urine sample at the New York laboratory to validate their assertion that the test results were caused by administration of an ointment to the hindquarters of Medina Spirit leading up to the Derby to treat a skin condition, as opposed to an injection. The plaintiffs believe lab evidence confirming the ingredients found in the ointment, a product called Otomax, would prove to be exculpatory or mitigating when Kentucky stewards conduct a hearing. A corticosteroid, betamethasone typically is given to horses as an injection and has a recommended withdrawal time of 14 days before racing. In its legal documents filed Monday, the KHRC states that because of unspecified testing the New York Equine Drug Testing and Research Laboratory had only one milliliter left in the remnants of the primary urine sample, down from approximately 27 milliliters. The KHRC motion asks the court to order the plaintiffs, at minimum, to disclose the date of the testing conducted and results of that testing. Both sides acknowledge that a primary blood sample was damaged when shipped along with the primary urine sample earlier this year. The court then ordered how handling of a split urine sample would be conducted. Monday's filing alleges that court instructions have not been followed in regards to the primary urine sample. In its July 19 filing, the KHRC said that as part of the court's order to divide the urine split sample—20 milliliters to the plaintiffs and five milliliters to the KHRC—it required the remnants of the primary sample immediately be returned to the KHRC. The KHRC filing states that when its representatives arrived at the New York laboratory July 14 to deliver the separate split sample, the director of the New York laboratory, Dr. George Maylin, did not provide clear responses regarding their inquiries of testing and depletion of the original urine. According to court-filed documents, Maylin said his "word is honest and without compromise by either side in this case." The KHRC legal filing claims the primary remnant sample was depleted and when KHRC equine medical director Bruce Howard requested the remnants of that primary sample Maylin responded, "No, I think we'll hold on to that." Howard then provided a copy of the court order requiring the remnants to be returned to the KHRC. The filing says at that point Maylin showed Howard and KHRC executive director Marc Guilfoil a urine tube with "one to two milliliters of bloody fluid," that had been stored at room temperature. The filing says Guilfoil then asked about additional urine that the KHRC filing says had been visible in a previous photo and Maylin responded that it had been used in testing. Based in part on that response, the KHRC, at the least, is requesting the court have the lab provide information on the testing conducted and results of that testing. The filing says Guilfoil did collect the remnants of the main sample and the four milliliters (the split sample did not have a full 25 milliliters and the two sides agreed to a 4-19 milliliters divide) of the split sample and they were transported back to Kentucky, where they currently are being stored in a KHRC freezer. Baffert attorney Craig Robertson said he would formally respond to the court regarding the KHRC's motion, likely this week. "There seems to be some sort of implication, if not a direct accusation, that we have had some kind of direct communication with the New York lab and know testing has been done or what the results are," Robertson said. "That's just completely false." He said he does not know the length of time the New York Equine Drug Testing and Research Laboratory would need to complete its testing of the split sample that arrived there July 14.